An Act to amend the laws relating to Maori and Maori land, to adjust certain claims and disputes in relation to Maori land, to confer jurisdiction upon the Maori Land Court and the Maori Appellate Court, and for other purposes

Title: amended, on 27 November 1947, pursuant to section 2 of the Maori Purposes Act 1947 (1947 No 59).

Title: amended, on 27 November 1947, pursuant to section 9(2)(a) of the Maori Purposes Act 1947 (1947 No 59).

1Short Title

This Act may be cited as the Maori Purposes Act 1933.

Section 1: amended, on 27 November 1947, pursuant to section 9(1)(b) of the Maori Purposes Act 1947 (1947 No 59).

2Provisions of Maori Land Act 1931 to apply to this Act

Words and expressions used in this Act shall, unless the contrary intention appears, have the same meaning as in the Maori Land Act 1931 (hereinafter referred to as the principal Act), and the provisions of the principal Act so far as applicable shall extend and apply to the cases provided for by this Act in as full and ample a manner as if this Act had been incorporated with and formed part of the principal Act.

3Certain lands deemed to be reserves under West Coast Settlement Reserves Act 1892

Section 4: repealed, on 1 April 1946, by section 50(1) of the Maori Social and Economic Advancement Act 1945 (1945 No 43).

5Deferred payment licence of Maori township section may be exchanged for substituted licence

[Repealed]

Section 5: repealed, on 1 April 1949, by section 185(1) of the Land Act 1948 (1948 No 64).

6Miscellaneous amendments of principal Act

[Repealed]

Section 6: repealed, on 1 April 1954, by section 473(1) of the Maori Affairs Act 1953 (1953 No 94).

7Mode of contracting by Native Land Settlement Board

[Repealed]

Section 7: repealed, on 31 October 1936, by section 52(1) of the Maori Land Amendment Act 1936 (1936 No 53).

8Maori Trustee Act 1930 amended

[Repealed]

Section 8: repealed, on 1 April 1954, by section 53(1) of the Maori Trustee Act 1953 (1953 No 95).

Part 2Miscellaneous powers and jurisdiction

(a) Matters affecting Waikato-Maniapoto district

9Enabling Lot 53, Horotiu, to be vested in Maori

[Repealed]

Section 9: repealed, on 25 October 1956, by section 6(1) of the Maori Purposes Act 1956 (1956 No 43).

10Authorising revesting of Parawera School site in Maori

Whereas the land hereinafter described was vested in the Crown for the purpose of a Maori school site, and is no longer required for that purpose:

Be it therefore enacted as follows:

(1)The land known as the Maungatautari Number 6B 3A Block, containing 3 acres, more or less, as the same is comprised and described in a partition order made on 4 April 1900, shall as from the commencement of this Act cease to be Crown land, and shall thereafter be deemed to be Maori land within the meaning of the principal Act.

(2)The court is hereby authorised to inquire and determine in what person the said land ought to become vested, and the court may make an order vesting the same or any part thereof in such person for an estate of freehold in fee simple, and in the case of more than 1 person being found entitled, then as tenants in common in the relative proportions defined by the court.

(3)The court may ascertain the ownership of the said land as if the title had not been previously investigated, and shall not be bound or restricted by any former order of the court made in respect of that land.

Section 10: amended, on 27 November 1947, pursuant to section 2 of the Maori Purposes Act 1947 (1947 No 59).

Section 10(1): amended, on 27 November 1947, pursuant to section 2 of the Maori Purposes Act 1947 (1947 No 59).

11Enabling Otorohanga Maori school site to be revested in Maori

Whereas the land hereinafter described was conveyed for a nominal consideration to the Crown to be used as a Maori school site, and is no longer required for that purpose:

Be it therefore enacted as follows:

(1)The land known as the Orahiri A Block, comprised and described in certificate of title, Volume 56, folio 176, of the Auckland Registry (excepting thereout so much thereof as may have been laid out as a road), shall as from the commencement of this Act cease to be Crown land, and shall thereafter be deemed to be Maori land within the meaning of the principal Act.

(2)The court is hereby authorised to inquire and determine in whom the said land ought to become vested, and the court may make an order either—

(a)vesting the said land or any part thereof in the person found entitled for an estate of freehold in fee simple, and in the case of more than 1 person being found entitled, then as tenants in common in the relative proportions defined by the court; or

(b)setting apart the said land or any part thereof for some purpose for the benefit of Maori and vesting the same in 1 or more persons on trust to hold and administer the same for the purpose aforesaid, and the District Land Registrar is hereby authorised to issue without payment of any fee a certificate of title in favour of the said persons.

(3)The court may ascertain the ownership of the said land as if the title had not been previously investigated, and shall not be bound or restricted by any former order of the court made in respect of that land.

(4)The provisions of the Public Reserves, Domains, and National Parks Act 1928 shall not apply to the said land.

Section 11: amended, on 27 November 1947, pursuant to section 2 of the Maori Purposes Act 1947 (1947 No 59).

Section 11(1): amended, on 27 November 1947, pursuant to section 2 of the Maori Purposes Act 1947 (1947 No 59).

Section 11(2): replaced, on 31 October 1936, by section 3 of the Maori Purposes Act 1936 (1936 No 56).

Section 11(2)(b): amended, on 27 November 1947, pursuant to section 2 of the Maori Purposes Act 1947 (1947 No 59).

Section 11(3): replaced, on 31 October 1936, by section 3 of the Maori Purposes Act 1936 (1936 No 56).

Section 11(4): inserted, on 31 October 1936, by section 3 of the Maori Purposes Act 1936 (1936 No 56).

12Enabling court to vest part Lot 9 of Allotment 14, Tuakau, upon trust

Whereas the Maori owners of the land hereinafter described are desirous of setting it apart for certain charitable purposes:

Be it therefore enacted as follows:

(1)With respect to all that land, being part of the land comprised in certificate of title, Volume 480, folio 48, of the Auckland Registry, and being part of Lot 9 on deposited plan Number 7325 of Allotment 14, Tuakau, the court may, upon application by the owners thereof, make an order vesting the said land in 1 or more persons upon such trusts for the benefit of Maori as to the court may seem expedient, with power in the event of the failure of any such trust for the court from time to time to appoint some other trust upon which the said land shall thereafter be held, and the District Land Registrar is hereby authorised to issue a certificate of title in respect thereof.

(2)For the purpose of affording access to such land the court may by order lay off in the most convenient manner and as appurtenant thereto a right of way over the adjoining part of Lot 9 comprised in certificate of title, Volume 480, folio 47, of the Auckland Registry.

(3)Upon the making of an order under subsection (1) the land mentioned therein shall thenceforth be deemed to be Maori freehold land within the meaning of the principal Act.

Section 12: amended, on 27 November 1947, pursuant to section 2 of the Maori Purposes Act 1947 (1947 No 59).

Section 12(1): amended, on 27 November 1947, pursuant to section 2 of the Maori Purposes Act 1947 (1947 No 59).

Section 12(3): amended, on 27 November 1947, pursuant to section 2 of the Maori Purposes Act 1947 (1947 No 59).

Section 13: repealed, on 25 October 1956, by section 6(1) of the Maori Purposes Act 1956 (1956 No 43).

(b) Matters affecting Waiariki district

14Enabling gift of land by Mita Taupopoki to be accepted and administered

Whereas Mita Taupopoki, a Maori chief of Whakarewarewa, desires to further the Maori land development schemes under section 522 of the principal Act, and has made a gift of the land hereinafter mentioned for the purpose of a dairy factory:

Be it therefore enacted as follows:

(1)The land situated in Block V, Tarawera Survey District, containing 8 acres and 3 perches or thereabouts, called Waitaruna Number 4B Number 1 Block, is hereby declared to be ceded to the Crown in trust for the purpose of a site for a dairy factory, cheese factory, creamery, or other industrial establishment.

(2)The District Land Registrar is hereby authorised to cancel the existing title for the said land and to issue a certificate of title in the name of His Majesty the King, subject to any Proclamation affecting roads that may have been registered. The certificate of title so issued shall have written thereon a memorandum stating that the land comprised therein is subject to the provisions of this section.

(3)The said land may be disposed of by way of sale or lease to any person as a site for a dairy factory, cheese factory, or creamery.

(4)Any such sale or letting may be by public auction or private contract and subject to such conditions, including a consideration that is nominal, as the Maori Land Settlement Board may think expedient. Any instrument of alienation required to carry into effect such sale or letting shall be signed in accordance with this Act.

(5)If for any reason it should be found impracticable to dispose of the land for any of the purposes aforesaid, the Minister of Maori Affairs may apply to the Maori Land Court for directions upon what, if any, trust the land shall thereafter be held, and the nature of such trust may be varied or amended from time to time as the court shall direct.

(6)Any consideration received from the sale or letting of the said land shall be applied in the development of Maori land.

(7)If, while the land continues to be vested in the Crown, the Minister of Maori Affairs is of the opinion that it cannot be satisfactorily utilised for any of the purposes for which it has been ceded, it shall be lawful to transfer to the said Mita Taupopoki or his representatives as ascertained by the court the said land freed from the trusts hereby created or any of them, and the land shall thereupon be deemed to be Maori freehold land within the meaning of the principal Act.

(8)Any instruments executed to and by the Waiariki District Maori Land Board in connection with the said land shall be deemed to be superseded by this section and to be of no further force or effect.

Section 14: amended, on 27 November 1947, pursuant to section 2 of the Maori Purposes Act 1947 (1947 No 59).

Section 14(4): amended, on 27 November 1947, pursuant to section 2 of the Maori Purposes Act 1947 (1947 No 59).

Section 14(5): amended, on 27 November 1947, pursuant to section 3(2) of the Maori Purposes Act 1947 (1947 No 59).

Section 14(5): amended, on 27 November 1947, pursuant to section 9(2)(a) of the Maori Purposes Act 1947 (1947 No 59).

Section 14(6): amended, on 27 November 1947, pursuant to section 2 of the Maori Purposes Act 1947 (1947 No 59).

Section 14(7): amended, on 27 November 1947, pursuant to section 2 of the Maori Purposes Act 1947 (1947 No 59).

Section 14(7): amended, on 27 November 1947, pursuant to section 3(2) of the Maori Purposes Act 1947 (1947 No 59).

(c) Matters affecting Tairawhiti district

[Repealed]

Heading: repealed, on 25 October 1956, pursuant to section 6(1) of the Maori Purposes Act 1956 (1956 No 43).

15Authorising readjustment of shares in Mangatu No 1 Block

[Repealed]

Section 15: repealed, on 25 October 1956, by section 6(1) of the Maori Purposes Act 1956 (1956 No 43).

16Authorising readjustment of relative interests in Herupara No 1 Block

[Repealed]

Section 16: repealed, on 25 October 1956, by section 6(1) of the Maori Purposes Act 1956 (1956 No 43).

(d) Matters affecting Aotea district

17Declaring Ngatirahiri 3E Block to be held in trust

Whereas by order of the Maori Land Court the undermentioned land which comprises Maori burial grounds was vested in certain persons in equal shares for an estate of freehold in fee simple and it is desirable that it should be held in trust:

Be it therefore enacted as follows:

(1)The land known as Ngatirahiri Number 3E Block situate in the Aotea Maori Land Court District and comprised in a partition order of the Maori Land Court made on 10 December 1915 is hereby declared to be, and shall be deemed to have been from the date of such order, vested in the persons named therein as trustees to hold in trust for the benefit of members of the Ngatirahiri Maori Tribe, and the said partition order may be amended to conform to the provisions of this section, and shall then take effect according to its tenor.

(2)Notwithstanding the provisions of section 130 of the Land Transfer Act 1915, the order made by the court may when amended be registered under the provisions of that Act, and the District Land Registrar is authorised to issue a certificate of title therefor.

(3)The court shall have jurisdiction to hear and determine any application to define the nature of the trust or the right of any person to benefit thereunder. The court may authorise the trustees or any 2 or more of them to lease the said land or any part thereof for any term, including any term or terms of renewal, not exceeding 21 years. The revenue arising from any such lease shall be paid to the Aotea District Maori Land Board and be expended by that Board in such manner and for such purposes as the court or a Judge thereof shall direct.

Section 17: amended, on 27 November 1947, pursuant to section 2 of the Maori Purposes Act 1947 (1947 No 59).

Section 17: amended, on 27 November 1947, pursuant to section 9(2)(a) of the Maori Purposes Act 1947 (1947 No 59).

Section 17(1): amended, on 27 November 1947, pursuant to section 2 of the Maori Purposes Act 1947 (1947 No 59).

Section 17(1): amended, on 27 November 1947, pursuant to section 9(2)(a) of the Maori Purposes Act 1947 (1947 No 59).

Section 17(3): amended, on 29 September 1939, by section 13 of the Maori Purposes Act 1939 (1939 No 28).

Section 18: repealed, on 25 October 1956, by section 6(1) of the Maori Purposes Act 1956 (1956 No 43).

19Authorising partition of Mahoetahi 2B Maori Reservation

[Repealed]

Section 19: repealed, on 25 October 1956, by section 6(1) of the Maori Purposes Act 1956 (1956 No 43).

(e) Matters affecting Ikaroa district

20Authorising Suburban Section 113, Foxton, to be set aside as reserve

Whereas the records show that the land hereinafter mentioned was intended to be reserved as a Maori burial ground, but the said land was upon investigation of title awarded to certain persons as absolute owners, and it is desired to rectify the error:

Be it therefore enacted as follows:

(1)The order of the court made on 13 February 1890 declaring certain persons to be the owners of the land known as Suburban Section 113 of the Township of Foxton (or Wakawehe Block), and the Order in Council dated 22 June 1925 authorising the court to exercise certain jurisdiction in respect of the said land are hereby respectively cancelled.

(2)The District Land Registrar is hereby directed to cancel the certificate of title at present existing in respect of the said land.

(3)The court may by order set apart and reserve the said land, together with any accretion thereto, for the common use of the Ngatiwhakatere Maori Tribe.

(4)So long as the said land is so set apart and reserved it shall be inalienable (including disposition thereof by will) to the Crown or any other person.

(5)The court may at any time, by order, amend, vary, or revoke the order setting apart the said land, whether as to the boundaries of the land or otherwise, and either as to the whole or any part of the land, and upon any revocation may vest the said land comprised in the order of revocation in such person as it finds entitled thereto for an estate of freehold in fee simple.

(6)The court may from time to time, by order, make such bylaws as it thinks fit as to the management, control, and use of the said land and to prevent trespass thereon (whether by Maori or Europeans), and such bylaws may impose fines not exceeding 20 pounds for any breach of those bylaws.

(7)The court may appoint trustees to hold and administer the said land in accordance with the bylaws for the time governing the said land, and may in any case where it deems it expedient remove any trustee, and may from time to time appoint a new trustee or trustees.

Section 20: amended, on 27 November 1947, pursuant to section 2 of the Maori Purposes Act 1947 (1947 No 59).

Section 20(3): amended, on 27 November 1947, pursuant to section 2 of the Maori Purposes Act 1947 (1947 No 59).

Section 20(6): amended, on 27 November 1947, pursuant to section 2 of the Maori Purposes Act 1947 (1947 No 59).

21Enabling title to issue for Lot 3, Mangaroa Block

[Repealed]

Section 21: repealed, on 25 October 1956, by section 6(1) of the Maori Purposes Act 1956 (1956 No 43).

(f) Matters affecting South Island district

[Repealed]

Heading: repealed, on 25 October 1956, pursuant to section 6(1) of the Maori Purposes Act 1956 (1956 No 43).

22Authorising the court to vest Lot 5 of Waimatemate in Waimate Borough Council

[Repealed]

Section 22: repealed, on 25 October 1956, by section 6(1) of the Maori Purposes Act 1956 (1956 No 43).

Part 3General

[Repealed]

Part 3: repealed, on 25 October 1956, pursuant to section 6(1) of the Maori Purposes Act 1956 (1956 N

23Extending time for recovery of Native rates for year 1932–33

[Repealed]

Section 23: repealed, on 25 October 1956, by section 6(1) of the Maori Purposes Act 1956 (1956 No 43).

24Section 55 of Maori Purposes Act 1931 amended

[Repealed]

Section 24: repealed, on 1 January 1956, by section 57(1) of the Maori Trust Boards Act 1955 (1955 No 37).

Repeals

[Repealed]

Heading: repealed, on 25 October 1956, pursuant to section 6(1) of the Maori Purposes Act 1956 (1956 No 43).

25Repeal of section 78, Maori Purposes Act 1931

[Repealed]

Section 25: repealed, on 25 October 1956, by section 6(1) of the Maori Purposes Act 1956 (1956 No 43).

26Repeals

[Repealed]

Section 26: repealed, on 25 October 1956, by section 6(1) of the Maori Purposes Act 1956 (1956 No 43).

Reference of petitions to the court

[Repealed]

Heading: repealed, on 25 October 1956, pursuant to section 6(1) of the Maori Purposes Act 1956 (1956 No 43).

27Chief Judge may refer matters in Schedule for report

[Repealed]

Section 27: repealed, on 25 October 1956, by section 6(1) of the Maori Purposes Act 1956 (1956 No 43).

Schedule 1

[Repealed]

Schedule 1: repealed, on 1 April 1954, by section 473(1) of the Maori Affairs Act 1953 (1953 No 94).

Schedule 2Petitions to be referred to the Maori Land Court, or a Judge or Commissioner thereof

[Repealed]

Schedule 2: repealed, on 25 October 1956, by section 6(1) of the Maori Purposes Act 1956 (1956 No 43).

Contents

1General

2Status of reprints

3How reprints are prepared

4Changes made under section 17C of the Acts and Regulations Publication Act 1989

5List of amendments incorporated in this reprint (most recent first)

Notes

1General

This is a reprint of the Maori Purposes Act 1933. The reprint incorporates all the amendments to the Act as at 25 October 1956, as specified in the list of amendments at the end of these notes.

Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, seehttp://www.pco.parliament.govt.nz/reprints/.

2Status of reprints

Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3How reprints are prepared

A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, seehttp://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4Changes made under section 17C of the Acts and Regulations Publication Act 1989

Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

•omission of unnecessary referential words (such as “of this section” and “of this Act”)

•typeface and type size (Times Roman, generally in 11.5 point)

•layout of provisions, including:

•indentation

•position of section headings (eg, the number and heading now appear above the section)

•format of definitions (eg, the defined term now appears in bold type, without quotation marks)

•format of dates (eg, a date formerly expressed as “the 1st day of January 1999” is now expressed as “1 January 1999”)

•position of the date of assent (it now appears on the front page of each Act)

•punctuation (eg, colons are not used after definitions)

•Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

•case and appearance of letters and words, including:

•format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

•small capital letters in section and subsection references are now capital letters

•schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

•running heads (the information that appears at the top of each page)

•format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).